The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1627
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. SIMON, FAHY, EPSTEIN, GONZALEZ-ROJAS, DINOWITZ,
   SILLITTI, SAYEGH, JEAN-PIERRE -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to lowering the
   blood alcohol concentration required  for  driving  while  intoxicated
   from  .08  of  one per centum to .05, and for aggravated driving while
   intoxicated from .18 of one per centum to .12
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2, paragraph (a) of subdivision 2-a, subdivi-
 sion 5 and subdivision 6 of section 1192 of the vehicle and traffic law,
 subdivision 2 as amended by chapter 3 of the laws of 2002, paragraph (a)
 of subdivision 2-a as amended by chapter 496 of the  laws  of  2009  and
 subdivisions  5 and 6 as amended by chapter 236 of the laws of 2003, are
 amended to read as follows:
   2. Driving while intoxicated; per se. No person shall operate a  motor
 vehicle  while  such  person  has [.08] .05 of one per centum or more by
 weight of alcohol in the person's blood as shown by chemical analysis of
 such person's blood, breath, urine  or  saliva,  made  pursuant  to  the
 provisions of section eleven hundred ninety-four of this article.
   (a)  Per se. No person shall operate a motor vehicle while such person
 has [.18] .12 of one per centum or more by weight  of  alcohol  in  such
 person's  blood  as  shown  by chemical analysis of such person's blood,
 breath, urine or saliva made pursuant to the provisions of section elev-
 en hundred ninety-four of this article.
   5. Commercial motor vehicles: per se - level  I.  Notwithstanding  the
 provisions  of  section  eleven  hundred ninety-five of this article, no
 person shall operate a commercial motor vehicle while  such  person  has
 .04  of  one  per  centum or more but not more than [.06] .05 of one per
 centum by weight of alcohol in the person's blood as shown  by  chemical
 analysis  of such person's blood, breath, urine or saliva, made pursuant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02953-01-3

 A. 1627                             2
 
 to the provisions of section eleven hundred ninety-four of this article;
 provided, however, nothing contained in this subdivision shall  prohibit
 the  imposition  of  a  charge of a violation of subdivision one of this
 section, or of section eleven hundred ninety-two-a of this article where
 a person under the age of twenty-one operates a commercial motor vehicle
 where  a  chemical  analysis  of  such person's blood, breath, urine, or
 saliva, made pursuant to the provisions of section eleven hundred  nine-
 ty-four of this article, indicates that such operator has .02 of one per
 centum  or more but less than .04 of one per centum by weight of alcohol
 in such operator's blood.
   6. Commercial motor vehicles; per se - level II.  Notwithstanding  the
 provisions  of  section  eleven  hundred ninety-five of this article, no
 person shall operate a commercial motor vehicle while  such  person  has
 more  than  [.06]  .05 of  one  per centum [but less than .08 of one per
 centum] by weight of alcohol in the person's blood as shown by  chemical
 analysis  of such person's blood, breath, urine or saliva, made pursuant
 to the provisions of section eleven hundred ninety-four of this article;
 provided, however, nothing contained in this subdivision shall  prohibit
 the  imposition  of  a  charge of a violation of subdivision one of this
 section.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.